Terms of Service
Updated on 16 August 2022
1. Introduction and acceptance of Terms of Service
1.1 OBI Plus ApS (“OBI+”), a 100% owned subsidiary of Traffilog Nordic ApS, provides its Hardware and Service (each as defined below) to you through its mobile applications, its website located at https://www.obiplus.com (the “Site”) and via other channels, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service, Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 OBI+ reserves the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services or Hardware after the date any such changes become effective constituting your acceptance of the new TOS
2. Description of Service
2.1 The “Service” includes (a) the Site, (b) any specialty services offered to users such as the “OBI+ Vehicle care ”, “OBI+ Fleet ”, and others, (c) OBI+’s vehicle information and related services, and (d) all mobile applications and other software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”).
2.2 The “Hardware” means OBI+’s and partner devices that may be connected to your or your company’s vehicle in connection with the Service. Any updates or new features added to or augmenting the Service or the Hardware are also subject to this TOS; to keep the Software up-to-date, you agree that we may automatically provide you with such updates without your further consent or notice to you
3. General Conditions, Access and Use of the Service and Hardware
3.1 In order to create a user account, you must (i) be at least 18 years of age and (ii) be the owner/user of the vehicle on which the hardware is installed.
3.3 You shall not: (a) sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service or the Hardware in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service, the Hardware or their components.
3.4 Any software that may be made available by OBI+ and partners in connection with the Service, such as OBI+’s mobile applications and any software embedded on the Hardware (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, OBI+ hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service (and in the case of Software embedded on the Hardware, you may only use such Software on the Hardware), provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by OBI+ and partners for use in accessing the Service.
3.5 Specific terms and conditions apply if you have received a free hardware product from OBI+ or partners. In any such cases, you do not own the product. The hardware product is only for your use and shall not be further distributed. The product must be returned by following the procedure specified in Article 11 Return policy.
4. Registration, Username and Password
4.1 In the course of the registration process, you will be asked to give your email address and select a password. You are responsible for the confidentiality and use of your password and you must log off the account after use. Your password is personal and must not be used by a third party. If you suspect that your password is being misused, you must immediately notify OBI+ or partners thereof and, at the same time, change your password.
4.2 If OBI+ has reason to believe that your password has been communicated to a third party or otherwise misused by unauthorized parties, OBI+ is entitled to close your user account with immediate effect.
4.3 OBI+ and partners may at any time demand that you change your password. Changes must be made immediately and may cause temporary disruption when using the services.
5. Intellectual Property Rights
5.1 All intellectual property rights to the Service and data in the Service, including but not limited to copyrights, trademarks, logos and domain names, are owned by OBI+ or partners. There is nothing in the TOS that entitles you to use such intellectual property rights.
6. Limitation of Liability
6.1 The Service is provided ‘as is’. OBI+ and partners expressly disclaim any liability and any guarantee, regardless of whether the guarantee is explicit, implicit or compulsory, including guarantees of suitability for a specific purpose, title, non-infringement, and that information collected via the Service is accurate, complete or reliable. OBI+ and collaboration partners may not be held liable for direct or indirect losses in connection with use or content of the Service, data associated therewith, the Websites or any other OBI+ and collaboration partners’ service or delivery. Thus, OBI+ and collaboration partners may never be liable for losses, neither direct nor indirect, including operating losses, loss of profit, loss of usage, loss of data, other indirect losses or consequential losses.
7.1 OBI+ stores a cookie on the device that you use to access the website with a view to providing you with a user-specific experience.
8. Availability of the Application
8.1 OBI+ and collaboration partners cannot guarantee uninterrupted access to the Service. If you experience problems when you use the Service or that a download link does not work, please contact us at firstname.lastname@example.org or phone +45 9673 7673.
8.2 For the Service to work, you need a device installed in your vehicle or to have a direct link to your car enabled. We check which option is available for the car when you subscribe.
8.3 It is your responsibility to have a product connected to your car at any time for the Service to be active.
8.4 Customers can disconnect a product from a car and connect it again. Such behaviour is not considered as termination of the subscription. For more information about termination read Article 10 Termination.
9.1 To the extent the Service, Hardware or any portion thereof is made available for any fee, you will be required to select a payment plan or make a one-time payment. You represent and warrant to OBI+ and collaboration partners that any payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes. You agree to pay OBI+ and/or collaboration partners the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. If your payment plan involves subscription payments, you hereby authorize OBI+ and/or collaboration partners to bill you via a payment instrument in advance on a periodic basis between 1 to 12 months in accordance with the terms of the applicable payment plan until you terminate your account.
9.2 You agree that in the case of overdue payment, interest accrues pursuant to section § 5 of the Income Tax Act (rentelovens) until a payment is made.
9.3 If you fail to pay a due bill for products or related service latest 14 days after receiving a written request for payment from OBI+ and/or collaboration partners, OBI+ and collaboration partner in addition to the interest specified in Article 9.2 have the right to: (i) cancel the sale of the products or related services to which the due payment relates, (ii) terminate the sale of products or related services that have not yet been delivered to the customer or require advance payment thereof, and/or (iii) make other remedies applicable.
9.4 The subscription period begins from the day you subscribe to the Service and/or receive a hardware product.
10.1 The Agreement may be terminated by the User for any reason upon 30 days' written notice to the OBI+ and collaboration partners. If a customer and OBI+ or partners have agreed to having a commitment period, the customer can terminate any subscription only after this period has expired.
10.2 A termination request shall not be binding until OBI+ and collaboration partners have sent a written confirmation to the user stating that the request has been received.
10.3 On termination of the Agreement for any reason you shall not be entitled to any compensation. You disclaim any right that you might have to compensation.
10.4 If the agreement between OBI+ and collaboration partners is terminated, for example, but not limited to bankruptcy, disagreement or the like, the agreement between the user and OBI+ remains valid.
10.5 In some cases (if you have received a free hardware product), the customer shall return the hardware product after termination according to the procedures set in Article 11 Return policy.
11. Return policy (not applicable if you have purchased a hardware product)
11.1 Article 11 is only applicable if you have not purchased a hardware product and on this way you do not own the product.
11.2 You shall return any products belonging to OBI+ or partners latest 10 calendar days from the termination date by post to the address that OBI+ has specified in the written confirmation.
11.3 If a product is not returned to OBI+ or partners after 10 calendar days from the termination date or if the product is lost, the customer will be required to pay 1000 DKK per product excluding VAT.
11.4 OBI+ reserves the right to inspect every returned product on an individual basis. The following conditions must be fulfilled:
11.4.1 The product must not show any signs of user-caused damage to the hardware components, the design or other user-caused changes or damage, including with but not limited to the removal of the identification number.
11.4.2 The product must be functional regardless of the length of time it has been used for.
11.5 If the above conditions are not met, the customer will be required to pay 1000 DKK per device excluding VAT.
12. Applicable law and venue
12.1 Without prejudice to other provisions of the TOS, you must use the Service in accordance with national and international laws and regulations in force from time to time. OBI+ and collaboration partners may not be held liable if you do not comply with current legislation and regulations.
12.2 You acknowledge that this TOS is a contract between you, OBI+ and collaboration partners, even though it is electronic and is not physically signed by you, OBI+ and collaboration partners, and it governs your use of the Service and Hardware and takes the place of any prior agreements between you, OBI+ and collaboration partners related to the subject matter hereof. If you are using our Service on behalf of a business, that business accepts these terms.
12.3 Danish law shall apply and Aalborg District Court shall be regarded as the proper venue.
13. Contact details
13.1 Please contact us at email@example.com to report any violations of this TOS or to pose any questions regarding this TOS, the Service, or the Hardware.
1.1 Your data is yours. Our job is to take care of it.
The data created when you drive is securely hosted on our servers and is yours to explore, download, and use however you like. You can access your data through OBI+ mobile application. You can also stop using OBI+ Services and ask us to permanently delete your data from our servers at any time.
1.2 You choose who else has access to your data.
You can grant access to your data to third-party apps and services, like OBI+ Vehicle care service for repair shops. A simple dialog lets you know which data they are requesting access to, and lets you decide whether to share it. We will never sell or share your personally identifiable information, like name, where you drive, or VIN. In the rare case of a request by law enforcement or government, we will pursue every avenue available to inform you and protect your data.
1.3 We sometimes anonymize data to create statistical insights.
OBI+ is eligible to use aggregated, anonymized data to do research on e.g. driving patterns and vehicle performance. OBI+ is eligible to create and sell industry reports, e.g. the most common engine problems for different car brands, number of connected cars per region. These reports are based on aggregated and anonymized data—they will never contain any of your personally identifying information.
3. Information OBI+ collects
3.1 By using our services, users gain access to information on the use and operation of their vehicles to enhance the driving experience and improve vehicle performance. Our services (“Services”) are enabled by a hardware device that plugs into your vehicle (“Hardware”), smartphone or web apps (“Application/App”), and our website. Using the Hardware, the App, and our website, you provide us with and we collect the following types of data:
3.1.1 Master data
When you sign up for OBI+’s services, the following master data about you will be registered:
- Email address
- Telephone number
- Your preferred repair shop
- IP address
You are encouraged to check that all registered master data are correct and to update them if necessary. If OBI+ becomes aware that information about you is incorrect or misleading, OBI+ is entitled and obliged to correct or delete the information such that processing is carried out on an accurate basis.
3.1.2 Vehicle data
The Hardware installed in your vehicle ensures that the following data are regularly collected from your vehicle:
- Technical data from the vehicle
Information about faults, status of systems and operating temperature and pressure in systems.
- Vehicle location information
We collect information on the location of your vehicle, including your trip route and the parked location of your vehicle.
Gyroscope sensor data
The Hardware senses a set of data to generate alerts that give you feedback on your driving habits such as harsh acceleration, harsh braking, fatigue driving, etc.
3.1.3 Website usage data
On our website, we use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our site gives to your browser when you access our site. Our cookies help us analyze the usage of our Service and website. Cookies may also be placed by third-party analytics services that we use, such as Google Analytics.
4. Use of Data
4.1.1 The Application and the underlying cloud infrastructure establish communication between you, your vehicle, OBI+ and your preferred repair shop. Please note that OBI+ can't provide its services without processing the information listed below.
4.1.2 You can receive data from your vehicle about its condition via the Application. Similarly, your preferred repair shop can see data from your vehicle. Based on the technical data from your vehicle, your preferred repair shop can help you take care of the vehicle, e.g. service, maintenance and relevant options and offers for you regarding the vehicle. You can communicate easily and digitally with your preferred repair shop all from the Application.
4.1.3 As an element of the Service, you will receive targeted offers from OBI+ and our partners concerning ways in which they may help you look after your vehicle as well as other offers relevant to vehicles, adapted to your needs. You will be able to use the Application to choose to share selected information about yourself and your vehicle with OBI+ and its partners in order to receive offers adapted to your needs. Your personal data will only be shared with OBI+’s partners if you have given specific consent to share your data. You will be told before you give consent precisely which information you are selecting to share and with whom. We do not share your Personal Data with third parties without your explicit permission.
4.1.4 OBI+ and Traffilog Nordic’s engineers and other personnel have supervised access to your information so that we can provide Services to you and help you if you contact us for support.
4.2 Use of master data
In connection with the use of the Service, we register a range of master data about you, cf. section 3.1.1. These data are used to match data from the vehicle with you as the user of the car. This allows the Application and your preferred repair shop to contact you, for instance with information about the condition of your vehicle.
4.3 Data from the vehicle
- Technical data - Purpose: Data from the vehicle’s own computer systems which show the status of the vehicle in real time. Data signals can be divided into three categories: fault reports, status of the vehicle’s user applications (e.g., battery level low) and operating parameters such as pressure and temperature readings. All signals are collected on an ongoing basis in the vehicle, most of which are sent to OBI+ at fixed intervals. Important notifications are sent immediately and used to draw the driver’s attention to a situation as soon as it arises. Technical parameters are collected to provide the user with information about the status of the vehicle and to enable the user’s preferred repair shop to advise the user based on technical information from the vehicle.
- Vehicle’s position - Purpose: This information is collected on an ongoing basis while the vehicle is running in order to provide the user of the vehicle with information about the position of the vehicle and trips made. OBI+ will not provide access to the vehicle’s location to any 3rd party without your prior consent.
- Sensor data - Purpose: This information is collected on an ongoing basis while the vehicle is running with a view to advising the driver on more efficient and safer driving via the Application.
- Website data – Purpose: For improving the user experience, measuring the efficiency of implemented features, recreating issues that the user has experienced.
5.1 OBI+ collaborates with other companies in order to be able to give you the best offers and the best functionality. OBI+’ primary partners are the preferred repair shops. When you agree to receive offers from one of OBI+’ partners, you are also agreeing that OBI+ may pass on data processed by OBI+ to the respective partner.
5.2 If you choose to accept an offer from one of OBI+’ partners, you enter into a direct relationship with the partner who will then be able to register the data you give directly to with the respective partner.
6. Right of Access
6.1 You are entitled to contact OBI+ at any time for information on which personal data about you are being processed. Similarly, you are entitled to access to the data in question. You are also entitled to have any incorrect data about you corrected by OBI+ without unnecessary delay.
7. Deletion of data
7.1 If you no longer wish to be signed up to OBI+’ services, you may unsubscribe at any time following the termination procedure. As a general rule, if not additionally specified as in 8.2 OBI+ will delete all personal data about you 30 days after you unsubscribe from OBI+’ services.
7.2 OBI+ is obliged to delete parts or all of your personal data if one of the following conditions applies:
- You withdraw your consent
- The personal data have been processed illegally
- The data is inaccurate (5-1-d GDPR)
8. Objection and withdrawal of consent
8.1 You are entitled at any time to raise an objection and/or withdraw your consent to processing of your personal data. If you raise an objection or withdraw your consent, OBI+ is no longer entitled to process your personal data, and OBI+ will subsequently be obliged to delete your personal data.
8.2 If you wish to raise an objection and/or withdraw your consent to processing of your personal data for any or all of the above listed purposes, you may contact OBI+ email: firstname.lastname@example.org. OBI+ is obligated to react in a timely manner and implement your decision.
8.3 If you have any concerns in regards to 8.2 use of your data that sits outside the agreed in this agreement you have the right to file in a complaint with the regulatory organ.
9. Data portability
9.1 You are entitled at any time to receive the personal data you yourself have given to OBI+ in a structured, commonly applicable and machine-readable format.
9.2 If it is technically possible, you are entitled to have your personal data transmitted directly from OBI+ to another data administrator at a reasonably negotiated price.
10.1 Security is at our core.
The Application and the underlying cloud infrastructure are designed to have a high level of security, focusing on protection of data. OBI+ monitors that the necessary technical and organizational security measures are in place to prevent accidental or illegal destruction, loss or impairment of personal data and to protect personal data from disclosure to unauthorized parties, misuse or otherwise being treated in a manner contrary to legislation on processing of personal data. Thus, data is transmitted from your vehicle via an encrypted, secure connection, and the servers on which the data are located are protected by leading security measures. Additionally, the personal information and the vehicle information (e.g. current location) have been separated in different databases, that are connected through unique identifiers, that limit the damage from a potential breach. Access to data from OBI+ employees is managed based on a principle of necessity. This means that only a few highly trusted people have access to data, and their activities are always monitored.
10.2 Data breach
In the unlikely case of a data breach, be it internal or external (e.g. unauthorised access to our server) OBI+ shall notify all affected parties within 72 hours of the time of becoming aware of the accident as specified in 33-1 of GDPR.